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我国的社会主义法治要求从实体上和程序上切实维护广大人民群众的民主权利和合法利益,尤其要保障当事人的程序权利。调解是行政程序的重要内容,具有正当性,应当充分尊重当事人对解决行政纠纷调解方式的选择权。在法治视野下,调解作为解决行政纠纷的重要手段,在行政复议过程中具有可行性,如调解契合行政复议的立法精神,有助于提高行政效率,有效化解社会矛盾,提升政府公信力。在行政复议乃至行政诉讼的实践中,调解已被广泛运用,而且调解已成为国际上解决行政纠纷的通例。我们要用社会主义法治理念武装头脑,应当建立和全面推动行政复议调解制度,促进社会主义和谐社会建设。
The socialist rule of law in our country requires that the democratic rights and legitimate interests of the broad masses of people be substantively and procedurally protected, and procedural rights of the parties in particular should be guaranteed. Mediation is an important part of the administrative procedure and has legitimacy. It should fully respect the parties’ right to choose ways of settling administrative disputes. Under the rule of law, mediation, as an important means of settling administrative disputes, is feasible in the process of administrative reconsideration. For example, mediation meets the legislative spirit of administrative reconsideration and helps to improve administrative efficiency, effectively resolve social conflicts and enhance the credibility of the government. In the practice of administrative reconsideration and even administrative litigation, conciliation has been widely used, and mediation has become the common practice in the international settlement of administrative disputes. We must arm ourselves with the socialist concept of the rule of law, establish and promote an administrative reconsideration and mediation system in an all-round way and promote the building of a socialist harmonious society.